Agreement - Wilson Engineers, LLC
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Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
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Project No.: WW2401.201
Rev. 1/12/2024
PROFESSIONAL SERVICES AGREEMENT
Design Services
WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Project No. WW2401.201
Council Date: February 22, 2024
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2024
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and Wilson Engineers, LLC, an Arizona Limited Liability Company, ("Consultant") (City and
Consultant may individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Design Services for WATER RECLAMATION
FACILITY IMPROVEMENTS PHASE 3 project as more fully described in Exhibit "A", which is
attached to and made a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to enter into an Agreement with Consultant to provide these services under
the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
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SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 545
calendar days after the Notice to Proceed (NTP) Date.
SECTION III--PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully
described in Exhibit “B” for performance of the services approved and accepted by City
under this Agreement must not exceed $2,574,080 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
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Project No.: WW2401.201
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To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer: Daniel Haskins, P.E.
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.haskins@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Sandy Story, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3588 Email: Sandra.story@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: Wilson Engineers, LLC
Mailing Address: 1620 W Fountainhead Pkwy Ste 501 Tempe AZ 85282
Physical Address: same
Statutory Agent Name: Corporation Services Company
Statutory Agent Mailing Address:
8825 N 23rd Ave Ste 100, AZ 85282
Statutory Agent Physical Address: same
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Sreeram Rengaraj, P. E.
Title:
Principal Associate
Phone: 480-893-8860
Email:
srengaraj@wilson-engineers.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
the appropriate federal agency, has access to the subconsultants’ records to verify the
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accuracy of all cost and pricing data. City reserves the right to decrease Agreement price or
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow City to audit their records to
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results
in a substantial change in this Agreement, thereby materially increasing or decreasing the
scope of services, cost of performance, or Project schedule, the work will be performed as
directed by City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work
or materials furnished by Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that City reserves the right, at its discretion and without cause, to
terminate or abandon any service provided for in this Agreement, or abandon any portion of
the Project for which services have been performed by Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and City. If there is no mutual agreement on payment, the final determination will
be made in accordance with the "Disputes" provision in this Agreement. However, in no event
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
the Parties agree on the final fee. If City is found to have improperly terminated the
Agreement for cause or default, the termination will be converted to a termination for
convenience in accordance with the provisions of this Agreement.
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5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys' fees and costs of claim processing, investigation and
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful,
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers'
compensation law or on account of the failure of Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
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compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
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required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding an Agreement
to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding an
Agreement to any natural person who cannot establish that such person is lawfully present
in the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of Agreement award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
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5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
Agreement with City, Consultant must first notify City as set forth in this Section of the request
or demand for the data. Consultant or its subconsultants must give City sufficient facts so
that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
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Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
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5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Subconsultant Documents with Consultant (if applicable)
Exhibit F - Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
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Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.45 License to City for Reasonable Use. With this Agreement, Consultant and its
subconsultants hereby grant a license to City, its agents, employees, and representatives for
an indefinite period of time to reasonably use, make copies, and distribute as appropriate
the Documents, works or deliverables developed or created as a result of the Project and this
Agreement. This license also includes the making of derivative works.
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page A-1
Project No.: WW2401.201
Rev. 1/12/2024
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
WATER RECLAMATION FACILITIES
PHASE 3 IMPROVEMENTS PROJECT
SCOPE OF SERVICES
CITY PROJECT NUMBER: WW 2401-201
January 18, 2024
The City of Chandler (CITY) desires to plan, design, and construct, facility improvements at both their
Water Reclamation Facilities, the Airport WRF and the Ocotillo WRF to replace and rehabilitate existing
equipment and/or structures. The City has engaged the services of Wilson Engineers (ENGINEER) to
provide the Water Reclamation Facility Improvements Project. The project involves multiple phases
including preliminary design, detailed design, and permitting of improvements. It is anticipated that the
project construction may be accomplished in phases (packages) to accommodate the required completion
schedule. The scope of services for this phase is identified in the following paragraphs.
SCOPE OF SERVICES
The ENGINEER will complete the following scope for Design Phase of the project. Subsequent phases of
work, if any, such as construction-related services for the Project will be provided under separate
contracts.
TASK 1 - PROJECT MANAGEMENT
The ENGINEER will perform various project management and monitoring activities throughout the
project, as delineated in the following tasks and sub-tasks. The ENGINEER shall prepare and submit
regular monthly invoices and shall include a summary of the work completed for each billing cycle. The
ENGINEER shall prepare authorization for Use of Allowance and obtain CITY’s approval prior to
beginning of any allowance work.
Prepare and distribute agenda and minutes for each meeting. Agenda will be submitted to the CITY at
least two (2) days prior to the meeting. Minutes will be submitted to the CITY no more than five (5) days
following each meeting.
Kickoff Meeting: Conduct a project kickoff meeting approximately two (2) weeks following receipt of
written NTP from the CITY. Meeting objectives will be to review the various draft submittals (including
the project schedule and Project milestones); confirm lines of communication; and coordinate the
schedule of bi-weekly project meetings anticipated throughout the Project.
Project Meetings: Conduct monthly project meetings with CITY representatives throughout the Project
to keep the CITY informed of the project progress and obtain input and direction as required. The
monthly meeting objectives will include the presentation of alternative evaluations for CITY review and
approval; results from data collection, and other outstanding project issues. The anticipated number of
planned monthly meetings during this phase shall be ten, exclusive of the project kickoff meeting.
Project Workshops: Conduct additional coordination meetings and workshops with CITY and other
project stakeholders as necessary to obtain timely input and feedback on the progression of the Project,
including key interaction with CITY operations and maintenance (O&M) staff regarding process
alternative evaluations. A total of three Project Workshops are anticipated for the project.
Deliverables: Meeting Agenda and Summary Notes (electronic copies)
Project Schedule: Develop and maintain a project progress schedule during the Project. The schedule
will be developed in MS Project format. Project timelines, along with Identification of task inter-
relationships, will be included. Schedule will include both original baseline and actual progress. A draft
baseline project schedule will be submitted to the CITY for review and approval. The project schedule
will be updated monthly to be reviewed at project meetings.
Deliverables: Draft and Final Baseline Project Schedule and Monthly Updates (electronic copies)
TASK 200- PRELIMINARY DESIGN DEVELOPMENT
A condition assessment of AWRF and OWRF was completed as part of a separate project that identified
several improvements at both facilities for this project as part of the roadmap. This project effort will
include a brief review of the previous condition assessment work and will include validation. A detailed
study for the Blower System and the Solids Facilities Optimization at AWRF will be included as part of
the initial tasks.
Preliminary Design Report (PDR): The PDR developed under this Task will include preliminary design
of items identified by the City to proceed with detailed design on this project. The preliminary design
will include development of process and equipment sizing, review of any alternatives; review applicable
codes, standards, design criteria; and the capital and annual O&M cost estimates for each item selected
for the project. The preliminary design will be the basis for the preparation of detailed design plans and
specifications. The PDR shall include the following elements:
Executive summary that briefly summarizes the project elements identifying the reasons for
decisions that were made (for project elements) to be included as part of this project.
Process flow diagrams and schematics for the treatment processes, including preliminary
hydraulic profile.
Compilation of the anticipated preliminary design criteria for the treatment process and ancillary
facilities, compiled from the preliminary criteria developed under previous tasks.
Preparation of a budgetary-level preliminary opinion of probable construction cost with project-
related administrative, general conditions, bonds, insurance and other indirect costs (including
design and construction management related fees) will be included to determine a total project
cost estimate.
Overall purpose of the Preliminary Design Report is to identify and finalize key design decisions to
transition into detailed design. The draft PDR will be submitted to CITY for review. Along with the
PDR, a 30% level design drawings will also be submitted for City’s review (30% Progress Submittal are
discussed below). Upon receipt of comments, the ENGINEER will make appropriate revisions and submit
a final PDR to the CITY.
Deliverables: Draft and Final Preliminary Design Report (6 copies each and electronic copy)
AWRF Blower System Study: The original blowers were installed in the late 1990s and more blowers
have been added since then. All existing blowers are constant speed blowers. The plant staff has
challenges when the plant flow is low and they are unable to reduce and balance air demand between
multiple blowers resulting in inefficiency in blower O&M costs. The recent Asset Management Project
identified the need to replace some of the blowers. The City and Plant Staff expressed the need to review
the Blower System in its entirety and develop long term robust solutions.
The ENGINEER will perform a detailed review of the Blower System at AWRF to identify options for
blower optimization, replace older blowers with new blowers / add VFDs, automated process air supply
to the droplegs by adding iris valves and review of control strategies. The ENGINEER will evaluate all
options using a decision matrix factoring in life cycle cost, operator preference, reliability and ease of
maintenance. Multiple blower types such as centrifugal blowers, turbo blowers will be evaluated. A
memorandum summarizing the same with a selected option will be published prior to proceeding with
detailed design. A 10% design of the proposed modifications will be included as part of this task.
The City will procure additional funding to evolve the design from 10% to completing the “For
Construction” documents for the selected blower system improvements as well as procure funding for
construction of the same. A contract amendment will be completed to the ENGINEER’s contract to
include these services.
Deliverables: Technical Memorandum (electronic copies)
AWRF Solids Facilities Optimization Study: The existing solids operation is a two-step process –
thickening followed by dewatering. The primary elements include three Sludge Holding Tanks (SHTs),
four Gravity Belt Thickeners (GBTs) in a building, two Thickend WAS Tanks, six Belt Filter Presses
(BFP) in a building, and three pump stations. The Thickening Building was constructed in 2007 during
the 15-MGD Expansion and the Dewatering Building was constructed as part of the original construction,
with a subsequent expansion in 2012. A detailed condition assessment of the Solids Facilities at AWRF
was recently completed. The assessment revealed the need for significant rehabilitation or replacement of
critical equipment in the Dewatering Building. The BFPs 1 through 4 were in various stages of
deterioration, requiring significant rehabilitation or likely replacement, due to their age and wear and tear.
Additionally, the roll-up doors require replacement. The east biofilter is also in poor condition and will
soon require replacement. The Thickening Building is relatively new and does not require major
rehabilitation or replacement. Since the Dewatering Building requires replacement of a minimum of two
and possibly up to 4 BFPs incurring significant capital costs, it is prudent to evaluate current
thickening/dewatering technologies along with in-kind replacement of the BFPs. One such technology is
the combined thickening/dewatering press that is available in the market. The Plant Staff also expressed
the desire to have a Sludge Storage Silo for loading the solids into the dump trucks.
Since newer technology is currently available, the Engineer will review alternatives looking at optimizing
the entire Solids Handling Facilities. As part of this task, the ENGINEER will develop options that
include replacement in kind, combination thickening / dewatering press to name a few. The effort will
include developing a layout for the options, decision matrix that comprises life cycle cost, reliability, ease
of maintenance, operator preference etc. and workshops with City Staff. A Technical Memorandum
summarizing the study along with 10% drawings will be published prior to proceeding with detailed
design.
The City will procure additional funding to evolve the design from 10% to completing the “For
Construction” documents for the selected Solids Facilities improvements as well as procure funding for
construction of the same. A contract amendment will be completed to the ENGINEER’s contract to
include these services.
Deliverables: Technical Memorandum (electronic copies)
Drainage Reports: The ENGINEER will prepare a Drainage Report and preliminary Grading and
Drainage Plan to document the incidental site drainage changes for the scope of work as part of this
project at the Ocotillo WRF site. The Drainage Report will be submitted to the CITY along with the
Agency Review submittal. It is anticipated that there will not be major site modifications at AWRF and
OWRF since no new structures are anticipated as part of this project at this time. The report will be
included as an addendum to the PDR.
Deliverables: Drainage Report (electronic copies)
Develop Process Control Descriptions: The improvements at both AWRF and OWRF require updated
or new process control descriptions for the areas that will part of the project scope. The ENGINEER will
coordinate and develop process control descriptions prior to the 30% design and will include them in the
PDR. Once the descriptions are reviewed by the City and finalized, they will be part of the Project
Specifications.
Deliverables: Process Control Descriptions will be part of PDR at 30% and Project Specifications from
60% onwards (electronic copies)
3. DETAILED DESIGN DEVELOPMENT
The ENGINEER will prepare detailed construction documents for the Project. In the event the City
determines to select a CMAR for the project, the documents will be used by the CMAR to prepare the
construction cost model and corresponding GMP, project schedule, equipment and subcontractor
procurement; as well as by the regulatory agencies to issues applicable permits for the construction and
operation of the Project. Alternatively, the detailed design documents can be used for procuring the
contractor using the bid method.
Preparation of construction drawings and technical specifications will be as follows:
1.
Drafting and CADD Standards: The organization and preparation of construction drawings shall
be in accordance with the City drafting guidelines.
2.
Technical Specifications: Technical specifications shall be prepared using the City’s Standard
Specifications Guide Documents, Divisions 1 through 17.
The Engineer will prepare progress submittal packages when the design, drawings, and specifications are
considered 30, 60, and 90 percent (%) complete as described in this scope of services. Two (2) copies of
the progress submittal packages will be included with each submittal for City review. The level of detail
on the drawings in each progress submittal should be as given below.
30% Progress Submittal: The design scheme is decided and working drawings are prepared. These
drawings are used to convey information about the Project’s overall appearance and configuration to the
City and other Project stakeholders. These drawings are not intended for construction. The lists of
drawings and specifications for each discipline are ready for City review.
1.
Process and hydraulic design:
Hydraulics: Hydraulic analysis required for design (e.g., pipeline hydraulics, pump selection, etc)
is complete and calculations are checked.
Process: wastewater process design (e.g., chemical dosage, specialty equipment selection, etc) all
process calculations are completed and checked.
2.
Civil:
Existing utilities are plotted; existing facility horizontal controls and elevations are confirmed
with current survey.
All unit treatment process structures, as required in design, are located.
Preliminary drawings include overall site layout, large diameter pipe, yard piping and major
grading elements.
Demolition plans, as applicable, are prepared.
Conceptual drawings showing drainage patterns and means for control and disposal.
3.
Structural/Architectural:
The detailed design approach for each structural component is established.
Layout plan drawings and principal sections are started.
Architectural concepts defined.
Preliminary architectural plans and sections are prepared.
4.
Electrical:
Preliminary single line diagrams of major distribution system and MCCs are prepared.
Preliminary electrical room arrangements are prepared.
Partial equipment control schematic diagrams are prepared.
Preliminary electrical plans showing locations of switch gear, conduit runs and main motor
control centers are prepared.
5.
Instrumentation:
Process and Instrumentation Devices (P&ID) should be developed to a degree which depicts the
following:
General instrumentation and control philosophy.
Type of instrumentation.
All primary and secondary control devices.
Process area designation, drawing and equipment numbering system identified.
Preliminary Process Control strategies should be complete. Process control strategies shall be discussed
and reviewed with the plant personnel at a project workshop prior to the 30% submittal. The draft
process control strategies shall be submitted to the City prior to the meeting to provide sufficient time for
City staff review.
No specification submittal will be required at this time. The 30% Progress Submittal will be made along
with the PDR discussed in Task 200 above.
Deliverables: Half size drawings (6 copies and a pdf copy). General instrumentation philosophy
document and conceptual process overview schematic.
60% Progress Submittal: The drawings and specifications for each discipline are coordinated and have
progressed where the design intent is established and must show the work in sufficient detail that a
contractor can recognize elements and requirements for construction. All comments from the 30%
submittal are satisfactorily addressed. The set of drawings will include a cover sheet and an index sheet.
1.
Civil:
All facilities are shown and located.
Grading plans and demolition plans are substantially complete.
Plan sheets are substantially complete.
Design calculations are complete.
Draft specifications are assembled.
2.
Architectural:
Floor, roof, and ceiling plans are near complete.
Elevations and sections are essentially complete.
Door, window, and finish schedules are partially complete.
Architectural detailing is partially complete.
Draft specifications are assembled.
3.
Structural:
Foundation plans are essentially complete.
Other plans and sections are partially complete.
Design calculations are complete.
Structural detailing is partially complete.
Draft specifications are assembled.
4.
Mechanical (includes process equipment, plumbing, HVAC, and fire suppression):
Mechanical plans and sections are essentially complete.
Mechanical details are partially complete.
Equipment and valves are included in equipment schedules. Piping schedules are complete.
Specifications for the major equipment items are essentially complete.
Design calculations are complete.
5.
Electrical:
Single line diagrams and motor control diagrams are partially complete.
Power and control plans are partially complete.
Panel, light fixtures schedules are complete.
Duct bank and pull box details are partially complete.
Lighting and receptacle plans are partially complete.
Specifications for major equipment items have been drafted.
Design calculations are complete.
Control schematic diagrams are partially complete.
6.
Instrumentation:
P&IDs are essentially complete.
Process Control Strategies are essentially complete.
I & C details are partially complete.
Specifications for instrumentation devices are started.
The ENGINEER shall finalize the process control narratives for the improvements at the WRFs, prior to
completion of the 60% detailed design documents and after a detailed review of the narratives with the
City staff.
Deliverables: Half size drawings (6 copies and a pdf copy). Draft specifications for major equipment for
the project along with a list of equipment vendors for City’s review. Process Control Descriptions for all
processes that are included in the project including descriptions for any new processes that are added.
90% Progress Submittal (Agency Review Set): Drawings and details in all disciplines should be
complete. Specifications should be essentially complete. Design calculations in all disciplines shall be
essentially complete and checked. Comments on design, drawings and specifications from previous
reviews must have appropriate responses before the 90% progress submittal is submitted. Comments
from both the 30 and 60 percent reviews by City staff, any constructability reviews, and review comments
from regulatory agencies must have appropriate responses or actions.
Deliverables: Half size drawings (6 copies and a pdf copy), 3 full-size copies to be submitted to agencies
for review.
Final (100%) Contract Documents: Drawings and specifications should be complete and accepted by
the City. All construction documents should be complete and ready for construction pricing of the work.
Deliverables: Half size drawings (6 copies, 1 full size copy and pdf and AutoCAD files), 1 full-size copy.
Maintenance of Plant Operations (MOPOs): The Maintenance of Plant Operations is a plan or series of
plans that describe how to maintain operation of the existing facility when it is time to bring a newly
constructed facility on line. The Engineer will prepare a draft MOPO list during preliminary design and
follow up and assist the CMAR during detailed design to develop specific MOPO activities. The CMAR
contractor will take lead on this task and with assistance from the ENGINEER.
The preliminary MOPO list will identify areas of construction of the proposed facility that interfaces with
the existing facilities. The preliminary MOPO list will be prepared with the 30% Submittal and included
in the preliminary design report. The preliminary MOPO list will be used as the basis for development of
the MOPO activities during the detailed design phase.
MOPO development will occur during preparation of drawings and specifications and the ENGINEER’s
will include the following:
Identification of construction interfaces with the existing facilities that affect existing operations.
Assist CMAR in developing draft MOPOs with input from City operation and maintenance staff.
Consider possible effects on design from the draft MOPO.
Incorporate MOPO requirements into the drawings and specifications.
Participate in a site walk-through with CMAR and the City operation and maintenance staff.
Assist the CMAR in determining the MOPO durations, constraints, and shared responsibilities for
MOPOs.
Review MOPOs prepared by the CMAR, incorporate the MOPOs in the specifications.
The MOPO list for City review will be included in the 60% and 90% Submittals. The final MOPOs
developed by the CMAR must have City approval and will be included in the construction documents
with the final submittal.
4. PERMITTING
The ENGINEER will perform permitting coordination activities throughout the Design Phase, as
delineated in the following tasks and sub-tasks. Specific permits, plans and reviews anticipated under this
Project include:
City of Chandler- Building Permit (and Building Plan Review)
City of Chandler- Civil Plan Review
MCESD- Approval to Construct
ADEQ Minor Amendment Application
City Permitting: The ENGINEER shall develop applicable permit applications and submit preliminary
supporting documents as part of the CITY's Pre-Tech Review process (at the 30 percent design stage).
Submit applicable Interim Submittal Review and Agency Review documents and associated reports, plans
and supporting information to the CITY's Development Services and Fire Departments for Building, Site,
Civil and Fire plan review approvals accordingly. Provide additional information as requested from CITY
plan review staff, as appropriate.
NOTE: It is assumed that all CITY permit fees for the Project will be paid directly by the CITY, and
therefore, are not included within this scope of services.
Deliverables: Draft and Final Permit Applications and Supporting Documentation
MCESD Permitting: Develop the Agency Review document set(s) and associated permit application in
accordance with the Permitting Assistance Plan and submit to MCESD for non-expedited review to
obtain the Approval to Construct (ATC). It is assumed that one (1) review meeting will be conducted with
MCESD to discuss any comments received from the County accordingly.
NOTE: The subsequent Approval of Construction (AOC) submission is not included within this scope of
services, but will be included under a subsequent Construction Phase Services contract (if desired by the
CITY).
Deliverables: Draft and Final Permit Applications and Supporting Documentation
ADEQ APP Coordination: Prepare the necessary APP Modification (Minor Amendment Permit for
both facilities) and submit to ADEQ, along with applicable technical materials necessary to submit a
Minor Amendment to the existing OWRF and AWRF APP’s.
NOTE: It is assumed that applicable permit application review fees will be paid by the ENGINEER.
Deliverables: Draft and Final Permit Applications and Supporting Documentation
5. PROJECT DELIVERY METHOD ASSISTANCE
The ENGINEER will assist the CITY with the CMAR project delivery method. The scope of work for
this task is identified below.
CMAR Coordination: In the event the City’s choses to use the Construction Manager at Risk project
delivery method, the CM at Risk will be contracted to provide design phase services and then during
construction will provide all services required of a general contractor. The relationship between the CM
at Risk and the Engineer is intended to be collaborative and proactive, both participating as advisors to the
City during the design phase. The City wants to incorporate a contractor’s perspective and input to the
Project planning and design decisions and have the ability to select certain components of the Project for
construction prior to full completion of design.
Design Phase services by the CM at Risk may include:
Provide a conceptual and progressively more detailed cost model to confirm budgets and guide
design decisions;
Provide detailed independent cost estimating and knowledge of market conditions;
Provide a construction management plan and schedule;
Provide alternate systems evaluation and constructability studies;
Provide long-lead procurement studies and possibly initiate procurement of long-lead items;
Provide procurement services for selection of subcontractors and suppliers;
Prepare the Guaranteed Maximum Price (GMP) for construction;
The Engineer’s effort to coordinate with the CM at Risk will consist of:
Solicit CM at Risk input during design development as appropriate;
Provide information for cost estimating;
Provide assistance with long-lead procurement activities;
Evaluate alternative systems suggested by CM at Risk;
Respond to constructability review comments;
Attend subcontractor pre-selection meetings conduct by CM at Risk;
Assist and review during GMP development;
Perform GMP proposal review and prepare recommendation to City;
Assist City with review of the subcontractor/supplier bid and selection process.
The City may request the CM at Risk to proceed with early construction of certain Project features before
full Project design is complete and request a GMP for that portion of the work. The Engineer will prepare
the appropriate construction documents for such work. This may include;
Early Procurement of Long-Lead Equipment Items (items that may be included consists of:
secondary clarifier mechanism, electrical equipment, and packaged filter units) and certain
improvements to be identified at the Ocotillo WRF by the Project Team.
Balance of Work
In addition to coordination with the CMAR, attend meetings with the third party cost consultant and
provide them with the project submittals to facilitate their review of CMAR’s GMP. The ENGINEER
will attend up to a total of four meetings with the cost consultant for two separate GMP packages.
NOTE: A parallel cost estimate will not be performed as the CITY intends to hire a third-party cost
estimator for additional cost model and GMP validation.
6. Other Direct Costs
Geotechnical Investigation: The ENGINEER will perform a geotechnical investigation with assistance
from sub-consultant, which will include the drilling and sampling of up to four (4) test borings to
determine subsoil conditions and provide samples for laboratory testing. The ENGINEER will submit
draft Geotechnical Investigation Report to the CITY for review. The ENGINEER will further coordinate
and consult with geotechnical sub-consultant to obtain geotechnical design data for construction any new
facilities. The geotechnical investigation is limited to the OWRF site (as no new structures are
anticipated at the Airport WRF as part of this project).
The CMAR shall review the Geotechnical Investigation Report and supporting data, and coordinate any
additional investigations that they may determine to be necessary to be borne directly by the CMAR.
Deliverables: Draft and Final Geotechnical Investigation Report (electronic copies)
Topographical Site Survey: The ENGINEER with assistance from a sub-consultant will perform a site
topographical survey to document the current conditions and surface features of the area proposed for the
new OWRF treatment train and supporting facilities, including land north and west of the existing
OWRF. Site survey will be based on City of Chandler datum and will include existing spot elevations for
use in developing new contours; location and establishment of perimeter property lines based on existing
legal descriptions, available survey reviews, and existing and future right-of-ways; and identification of
above-ground structures, other identified facilities, and existing trees. Site survey will also include
identification of staked geotechnical borings and horizontal grid development for design.
Deliverables: Draft Site Topographical Maps (electronic copies)
Structural Engineering Services: The ENGINEER will provide structural engineering services
including structural drawings and specifications as required to support the preliminary and detailed design
services for proposed improvements.
Deliverables: Structural Drawings and Specifications (electronic copies)
HVAC Services: The ENGINEER will provide HVAC engineering services including structural
drawings and specifications as required to support the preliminary and detailed design services for
proposed improvements.
Deliverables: HVAC Drawings and Specifications (electronic copies)
Additional Engineering Allowance: This allowance is included for any new scope of work that the City
may desire to be added to the project. Use of this allowance requires prior approval from the City.
END OF SCOPE OF WORK
ID
Task Name
Start
Finish
1
CITY OF CHANDLER WRFs PHASE 3 IMRPOVEMENTS PROJECT
Fri 3/1/24
Thu 8/12/27
2
Notice To Proceed (NTP)
Fri 3/1/24
Fri 3/1/24
3
Project Management Services
Tue 3/5/24
Wed 10/1/25
4
Kickoff Meeting
Tue 3/5/24
Tue 3/5/24
5
Project Meetings
Tue 4/2/24
Wed 10/1/25
23
Project Workshops
Thu 6/20/24
Wed 4/16/25
27
Project Schedule
Tue 3/5/24
Tue 4/30/24
28
Preliminary Design Development
Tue 3/5/24
Mon 5/5/25
29
Preliminary Design Report
Tue 3/5/24
Mon 5/5/25
30
Preliminary Design Report (DRAFT - 30%)
Tue 3/5/24
Mon 7/8/24
31
Preliminary Design Report (FINAL - Agency Review)
Tue 1/14/25
Mon 5/5/25
32
AWRF Blower Systems Study
Tue 3/5/24
Mon 5/13/24
33
AWRF Solids Facilities Optimization Study
Tue 3/5/24
Mon 6/10/24
34
Drainage Report
Tue 6/4/24
Mon 7/8/24
35
Develop Process Control Descriptions
Tue 3/5/24
Mon 5/5/25
36
Drainage Report (DRAFT - 30%)
Tue 3/5/24
Mon 7/8/24
37
Drainage Report (FINAL - Agency Review)
Tue 1/14/25
Mon 5/5/25
38
Detailed Design Development
Tue 3/5/24
Thu 9/11/25
39
30% Progress Submittal
Tue 3/5/24
Mon 8/19/24
40
30% Progress Submittal
Tue 3/5/24
Mon 7/8/24
41
City Review
Tue 7/9/24
Mon 7/22/24
42
CMAR Price Model
Tue 7/9/24
Mon 8/19/24
43
60% Progress Submittal
Tue 7/23/24
Mon 12/2/24
44
60% Progress Submittal
Tue 7/23/24
Mon 10/21/24
45
City Review
Tue 10/22/24
Mon 11/4/24
46
CMAR Price Model
Tue 10/22/24
Mon 12/2/24
47
90% (Agency Review) GMP 1 Long Lead Procurement
Submittal
Tue 12/3/24
Mon 5/12/25
48
90% (Agency Review) Progress Submittal
Tue 12/3/24
Mon 1/13/25
49
CMAR Draft GMP 1
Tue 1/14/25
Mon 2/24/25
50
City/ RLB Review
Tue 2/25/25
Mon 3/17/25
51
CMAR Final GMP 1
Tue 3/18/25
Mon 3/31/25
52
GMP 1 Approved to Contract
Tue 4/1/25
Mon 5/12/25
53
Agencies' Approval
Tue 1/14/25
Mon 3/17/25
54
90% (Agency Review) GMP 2 Progress Submittal
Tue 1/14/25
Thu 9/11/25
55
90% (Agency Review) Progress Submittal
Tue 1/14/25
Mon 5/5/25
56
CMAR Draft GMP 2
Tue 5/6/25
Mon 6/16/25
57
City/ RLB Review
Tue 6/17/25
Mon 7/14/25
58
CMAR Final GMP 2
Tue 7/15/25
Thu 7/31/25
59
GMP 2 Approved to Contract
Fri 8/1/25
Thu 9/11/25
60
Agencies' Approval
Tue 5/6/25
Mon 7/7/25
61
Final (100%) Submittal
Tue 7/8/25
Mon 8/4/25
62
Permitting Assistance
Tue 5/6/25
Mon 10/20/25
63
City of Chandler Coordination (Civil & Building Permits)
Tue 5/6/25
Mon 7/7/25
64
MCESD Coordination (ATC)
Tue 5/6/25
Mon 7/7/25
65
ADEQ APP Coordination (for Airport WRF and Ocotillo ASR W
Tue 5/6/25
Mon 10/20/25
66
Coordination with CMAR
Tue 7/9/24
Thu 9/11/25
79
Construction Services
Fri 9/12/25
Thu 8/12/27
3/1
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Half 2, 2024
Half 1, 2025
Half 2, 2025
City of Chandler
WRFs Phase 3 Improvements Project
City Project No.: WW2401.201
Preliminary Project Schedule
Thu 1/18/24
Page 1 of 2
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page B-1
Project No.: WW2401.201
Rev. 1/12/2024
EXHIBIT “B”
COMPENSATION AND FEES
134,680.00
$
Kick off Meeting
9,880.00
$
Project Meetings
89,120.00
$
Project Workshops
25,380.00
$
Project Schedule
10,300.00
$
505,040.00
$
Preliminary Design Report
192,980.00
$
AWRF Blower System Study
81,820.00
$
AWRF Solids Facilities Optimization Study
176,940.00
$
Drainage Reports
18,680.00
$
Develop Process Control Descriptions
34,620.00
$
1,453,640.00
$
30% Progress Submittal
291,320.00
$
60% Progress Submittal
384,100.00
$
90% Progress Submittal (Agency Review Set)
549,960.00
$
Final (100%) Contract Documents
187,380.00
$
MOPOs
40,880.00
$
164,820.00
$
City Permitting
53,800.00
$
MCESD Permitting
44,080.00
$
ADEQ APP Coordination
66,940.00
$
ADWR Coordination
-
$
105,900.00
$
Coordination with CMAR
105,900.00
$
110,000.00
$
Geotechnical Investigation
10,000.00
$
Topographical Site Survey
12,500.00
$
Structural Engineering Services
15,000.00
$
Architectural Services
15,000.00
$
HVAC Services
7,500.00
$
Hydrogeological Services
Reimbursable Expenses (Premit Fees, Printing etc)
Additional Engineering Allowance
50,000.00
$
100,000.00
$
TOTAL COST:
2,574,080.00
$
City Project No.: WW2401.201
City of Chandler
WRFs Phase 3 Improvements Project
EXHIBIT "B-1"
TASK DESCRIPTION
2. Preliminary Design Development
Cost Plus Reimbursible Per Task
3. Detailed Design Development
4. Permitting
5. Project Delivery Method Assistance
7. Owner's Allowance
SUBTOTAL
1. Project Management
6. Other Direct Costs
Principal
Sr. PM
Sr. PM (E/I,
Str.,
Process)
Sr. Engr.
Project Engineer / Proj.
Prof
Lead EI&C
CADD
Technicians
Admin
Uday
Gandhe
Sreeram R.
Damien T.
Luis C.,
Chris Y.
Scott L.
Katie G.
Alex G.
Sean Z.
Sydney A.
Muthu K.
Sai N.
Pranav M
Channing A.
Minhee P.
Xavier G.
Elvin R.
Sai C.
Jason G.
Kam C.,
Chase M.
Amber A.
Erin B.
Calvin G.
Monica F.,
Paulina D.
Mikayla R.
$ 265.00 $ 245.00 $ 225.00 $ 190.00 $ 145.00 $ 170.00 $ 115.00 $ 95.00
48
144
28
180
220
8
76
44
748
Kickoff Meeting
4
8
0
12
20
0
8
8
60
Project Meetings
32
80
20
120
160
8
60
24
504
Project Workshops
8
40
8
24
40
0
8
4
132
Project Schedule
4
16
0
24
0
0
0
8
52
84
224
260
608
1160
116
448
152
3052
Preliminary Design Reports
32
80
60
240
480
60
160
80
1192
AWRF Blower System Study
8
40
60
100
160
16
80
24
488
AWRF Solids Facilities Optimization Study
40
80
100
200
400
40
160
32
1052
Drainage Report
0
8
16
20
40
0
24
8
116
Develop Process Control Descriptions
4
16
24
48
80
0
24
8
204
76
352
608
1600
3160
756
2516
320
9388
30% Progress Submittal
16
80
160
320
640
120
480
24
1840
60% Progress Submittal
20
80
160
400
800
240
720
80
2500
90% Progress Submittal (Agency Review Set)
24
120
200
600
1200
300
1000
160
3604
Final (100%) Contract Documents
8
48
80
240
400
80
300
40
1196
MOPOs
8
24
8
40
120
16
16
16
248
28
100
0
180
320
0
164
352
1144
City of Chandler Coordination
8
24
0
60
80
0
0
240
412
MCESD Coordination
8
40
0
60
120
0
16
16
260
ADEQ APP Coordination
12
36
0
60
120
0
148
96
472
ADWR Coordination
0
16
80
60
120
240
24
40
24
604
Coordination with CMAR
16
80
60
120
240
24
40
24
604
0
0
0
0
0
0
0
0
0
252
900
956
2688
5100
904
3244
892
14936
6. Other Direct Costs
5. Project Delivery Method Assistance
TOTAL HOURS:
TASK DESCRIPTION
3. Detailed Design Development
4. Permitting
7. Owner's Allowance
EXHIBIT "B-2"
1. Project Management
2. Preliminary Design Report
TOTAL HOURS
PER TASK
< PROJECT ROLE
< NAME OF PERSON
< HOURLY RATES
Hours and Rates
City of Chandler
WRFs Phase 3 Improvements Project
City Project No.: WW 2401.201
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page C-1
Project No.: WW2401.201
Rev. 1/12/2024
EXHIBIT “C”
INSURANCE REQUIREMENTS
1.
General.
1.1 At the same time as execution of this Agreement, Consultant must furnish City a certificate
of insurance on a standard insurance industry ACORD form. The ACORD form must be
issued by an insurance company authorized to transact business in the State of Arizona
possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do
business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement will not be deemed to apply to required Workers’
Compensation coverage.
1.2 Consultant and any of its subconsultants must procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
1.3 The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are
sufficient to protect Consultant from liabilities that might arise out of the performance of
the Agreement services under this Agreement by Consultant, its agents, representatives,
employees, subconsultants, and Consultant is free to purchase any additional insurance as
may be determined necessary.
1.5 Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve Consultant from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
1.6 Use of subconsultants: If any work is subcontracted in any way, Consultant must execute a
written Agreement with subconsultant containing the same Indemnification Clause and
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is
responsible for executing the Agreement with the subconsultant and obtaining Certificates
of Insurance and verifying the insurance requirements.
2.
Minimum Scope and Limits of Insurance. Consultant must provide coverage with limits of
liability not less than those stated below.
2.1 Professional Liability. If the Agreement is the subject of any professional services or work
performed by Consultant, or if Consultant engages in any professional services or work
adjunct or residual to performing the work under this Agreement, Consultant must maintain
Professional Liability insurance covering errors and omissions arising out of the work or
services performed by Consultant, or anyone employed by Consultant, or anyone whose
acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit of
$1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page C-2
Project No.: WW2401.201
Rev. 1/12/2024
completion and acceptance of the work or services, and Consultant, or its selected Design
Professional will submit Certificates of Insurance as evidence the required coverage is in
effect. The Design Professional must annually submit Certificates of Insurance citing that the
applicable coverage is in force and contains the required provisions for a 3 year period.
2.2 Commercial General Liability-Occurrence Form. Consultant must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Consultant must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles
assigned to or used in the performance of Consultant’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
2.4 Workers Compensation and Employers Liability Insurance: Consultant must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
2.5 Cyber Technology Errors and Omissions, Network Security, and Privacy Liability Insurance.
The policy must cover professional misconduct or lack of ordinary skill for those positions
defined in the Scope of Services of this Agreement with a limit of not less than $5,000,000
for each occurrence, $5,000,000 aggregate. In the event that the professional liability
insurance required by this Agreement is written on a claims-made basis, Consultant warrants
that any retroactive date under the policy must precede the effective date of this Agreement;
and that either continuous coverage will be maintained or an extended discovery period will
be exercised for a period of two (2) years beginning at the time work under this Agreement
is completed. If such insurance is maintained on an occurrence form basis, Consultant must
maintain such insurance for an additional period of one (1) year following termination of
Agreement. If such insurance is maintained on a claims-made basis, Consultant must
maintain such insurance for an additional period of three (3) years following termination of
the Agreement. If Consultant contends that any of the insurance it maintains pursuant to
other sections of this Exhibit C satisfies this requirement (or otherwise insures the risks
described in this section), then Consultant must provide proof of same.
2.5.1. The insurance must provide coverage for the following risks:
2.5.1.1 Liability arising from theft, dissemination, or use of confidential information (a
defined term including but not limited to bank account, credit card account, personal
information such as name, address, social security numbers, etc. information) stored or
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page C-3
Project No.: WW2401.201
Rev. 1/12/2024
transmitted in electronic form.
2.5.1.2
Network Security Liability arising from the unauthorized access to, use of, or
tampering with computer systems including hacker attacks, inability of an authorized third
party, to gain access to your services including denial of service, unless caused by a
mechanical or electrical failure.
2.5.1.3
Liability arising from the introduction of a computer virus into, or otherwise
causing damage to, a customer’s or third person’s computer, computer system, network, or
similar computer related property and the data, software, and programs thereon.
2.5.2.
The policy must provide a waiver of subrogation.
3.
Additional Policy Provisions Required.
3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by City. If not approved, City may require that the insurer reduce or
eliminate any deductible or self-insured retentions with respect to City, its officers, officials,
agents, employees, and volunteers.
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage.
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained
by City, its officers, officials, agents, and employees will be in excess of the coverage
provided by Consultant and must not contribute to it.
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
3.1.5. The policies must contain a severability of interest clause and waiver of subrogation
against City, its officers, officials, agents, and employees, for losses arising from Work
performed by Consultant for City. (Does not apply to Professional Liability coverage.)
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of 3
years following completion and acceptance of the Work. Consultant must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
3-year period containing all the Agreement insurance requirements, including
naming City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will
reasonably rely upon the Certificate of Insurance as evidence of coverage, but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page C-4
Project No.: WW2401.201
Rev. 1/12/2024
3.2. Insurance Cancellation During Term of Agreement.
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant
must forward renewal or replacement Certificates to City within 10 days after the
renewal date containing all the required insurance provisions.
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must
provide the required coverage and must not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to City, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice must be sent directly to Chandler Law-Risk Management
Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any
insurance company refuses to provide the required notice, Consultant or its
insurance broker must notify City of any cancellation, suspension, non-renewal of any
insurance within seven (7) days of receipt of insurers’ notification to that effect.
3.3
City as Additional Insured. The policies are to contain, or be endorsed to contain, the following
provisions:
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or
be endorsed to contain, the following provisions: City, its officers, officials, agents,
and employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, Consultant; Products and Completed operations of
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant.
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by Consultant even if those limits of liability are in
excess of those required by this Agreement.
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page D-1
Project No.: WW2401.201
Rev. 1/12/2024
EXHIBIT “D”
SPECIAL CONDITIONS
Standard Details and Specifications. Consultant must be familiar with City’s latest revision of
the MAG Specifications and MAG Standard Details as amended by City. City’s current
amendment to the MAG Specifications, part of City’s Unified Development Manual, may be found
and downloaded from City’s website at http://www.chandleraz.gov/udm.
City Ownership of Project Documents. All work products (electronically or manually
generated) including, but not limited to: plans, specifications, cost estimates, field notes,
tracings, studies, investigations, design analyses, original drawings, original mylars, Computer
Aided Drafting and Design (CADD) file diskettes which reflect all final drawings, and other
related documents which are prepared in the performance of this Agreement (collectively
referred to as "Documents") are to be and remain the property of City and are to be delivered
to the Project Manager before the final payment is made to Consultant. In the event these
Documents are altered, modified or adapted without the written consent of Consultant,
which consent Consultant must not unreasonably withhold, City agrees to hold Consultant
harmless to the extent permitted by law from the legal liability arising out of City's alteration,
modification or adaptation of the Documents.
Re-use of Documents. The parties agree the documents, drawings, specifications and designs,
although the property of City, are prepared for this specific project and are not intended nor
represented by Consultant to be suitable for re-use for any other project. Any re-use without
written verification or adaptation by Consultant for the specific purpose intended will be at
City’s sole risk and without liability or legal exposure to Consultant.
Documents to Bear Seal. Consultant and its subconsultants must endorse by professional
seal all plans, works, and deliverables prepared by each for this Agreement as required by
state law.
Contract Worker Access Controls, Badge and Key Access Requirements. A Contract Worker
from Consultant’s firm must not be allowed to begin work in any City facility without: (A) The
prior completion and City's acceptance of the required background screening; and (8) when
required, the Contract Worker's receipt of a City issued badge. A badge will be issued to a
Contract Worker solely for access to City facility(s) to which the Contract Worker is assigned.
Each Contract Worker who enters a City facility must use the badge issued to the Contract
Worker.
1. Badges. After receipt of the badge application, the Contract Worker will proceed to the
Badging Office for processing of the badge application and issuance of the badge. City will
not process the badge application until the Contract Worker satisfies the required
Background Screening (as defined herein). The Contract Worker must comply with all
requirements and furnish all requested information as requested by the Badging Office.
Any and all fees associated with security badging will be assessed in compliance with
Chandler City Code §4-22.
2. Key Access Procedures. If the Contract Worker's services require keyed access to enter a
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page D-2
Project No.: WW2401.201
Rev. 1/12/2024
City facility(s), a separate key issue/return form must be completed and submitted by
Consultant for each key issued.
3. Stolen or Lost Badges or Keys. Consultant must report lost or stolen badges or keys to City
immediately. A new badge application or key issue form must be completed and
submitted along with payment of the applicable fees prior to issuance of a new badge or
key.
4. Return of Badges or Keys. All badges and keys are the property of City and must be
returned to City at the Badging Office within one (1) business day of when the Contract
Worker's access to a City facility is no longer required to furnish the services under this
Agreement. Consultant must collect a Contract Worker's badge and key(s) upon the
termination of the Contract Worker's employment; when the Contract Worker's services
are no longer required at the particular City facility(s); or upon termination, cancellation
or expiration of this Agreement.
5. Consultant’s default under this Section must include, but is not limited to the following:
(1) Contract Worker gains access to a City facility(s) without the proper badge or key; (2)
Contract Worker uses a badge or key of another to gain access to a City facility; (3) Contract
Worker commences services under this Agreement without the proper badge, key or
Background Screening; (4) Contract Worker or Consultant submits false information or
negligently submits wrong information to City to obtain a badge, key or applicable
Background Screening; or (5) Consultant fails to collect and timely return Contract
Worker's badge or key upon termination of Contract Worker's employment, reassignment
of Contract Worker to another City facility or upon the expiration, cancellation or
termination of this Agreement. Consultant acknowledges and agrees that the access
control, badge and key requirements in this Section are necessary to preserve and protect
public health, safety and welfare. Accordingly, Consultant agrees to properly cure any
default under this Section within three (3) business days from the date notice of default is
sent by City. The parties agree that Consultant’s failure to properly cure any default under
this Section must constitute a breach of this Section. In addition to any other remedy
available to City at law or in equity, Consultant must be liable for and must pay to City the
sum of one thousand dollars ($1,000.00) for each breach by Consultant of this Section.
The parties further agree that the sum fixed above is reasonable and approximates the
actual or anticipated loss to City at the time and making of this Agreement in the event
that Consultant breaches this Section. Further, the parties expressly acknowledge and
agree to the fixed sum set forth above because of the difficulty of proving City's actual
damages in the event that Consultant breaches this Section. The parties further agree that
three (3) breaches by Consultant of this Section arising out of any default within a
consecutive period of three (3) months or three (3) breaches by Consultant of this Section
arising out of the same default within a period of twelve (12) consecutive months will
constitute a material breach of this Agreement by Consultant and City expressly reserves
all of its rights, remedies and interests under this Agreement, at law and in equity
including, but not limited to, termination of this Agreement.
1. Consultant and Subconsultant Worker Background Screening. Consultant agrees that
all contract workers and subconsultants (collectively "Contract Worker(s)") that Consultant
furnishes to City under this Agreement will be subject to background and security checks
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page D-3
Project No.: WW2401.201
Rev. 1/12/2024
and screening as set forth in this Section (collectively "Background Screening") at
Consultant’s sole cost and expense. As part of the Background Screening, Consultant must
provide to a person designated by the City the name(s), address(es), and phone number(s)
of all Contract Workers who will provide any services under this Agreement. All Contract
Workers must comply with these Background Screening requirements. All Contract
Workers must be able to provide proof of the legal right to work in the United States. The
Background Screening provided by Consultant must comply with all applicable laws, rules,
and regulations. Consultant further agrees that the Background Screening required in this
Section is necessary to preserve and protect public health, safety, and welfare. The
Background Screening requirements set forth in this Section are the minimum
requirements for this Agreement. City in no way warrants that these minimum
requirements are sufficient to protect Consultant from any liabilities that may arise out of
Consultant’s services under this Agreement or Consultant’s failure to comply with this
Section. Therefore, in addition to the specific measures set forth below, Consultant and
its Contract Workers must take such other reasonable, prudent, and necessary measures
to further preserve and protect public health, safety, and welfare when providing services
under this Agreement.
2. Background Screening Requirements and Criteria. Before offering or scheduling any
services under this Agreement, Consultant agrees that all Contract Workers, including the
Consultant, if the Consultant is an individual or sole proprietorship, must have
successfully passed a Background Screening in accordance with this Section. Consultant
warrants that no person will be permitted to substitute for a Contract Worker who has
satisfied the Background Screening requirements until the proposed substitute has also
satisfied the Background Screening requirements in this Section. For review and approval,
Consultant must submit to a person designated by the City proof of a completed
Background Screening for each Contract Worker over the age of 18 performing services
under this Agreement no fewer than two (2) weeks before the proposed start date of such
Contract Worker’s services. The Background Screening must have been completed within
the 12-month period preceding the Contract Worker’s start date under this Agreement
and must include the results of a social security (SSN) trace, a national criminal databased
check with source verification.
3. Additional City Rights Regarding Security Inquiries. In addition to the foregoing, City
reserves the rights but not the obligations to: (1) have a Contract Worker be required to
provide fingerprints and execute such other documentation as may be necessary to
obtain criminal justice information pursuant to A.R.S. § 41-1750(G) (4) or Chandler City
Code § 4-22; (2) act on newly acquired information whether or not such information
should have been previously discovered; (3) unilaterally change its standards and criteria
relative to the acceptability of Contract Workers; and (4) object, at any time and for any
reason, to a Contract Worker performing work (including supervision and oversight) under
this Agreement.
4. Consultant Certification. By executing this Agreement, Consultant certifies that
Consultant has read and understands the Background Screening requirements and
criteria in this Section and will fully comply with such requirements. Consultant further
certifies that any Background Screening information to be furnished to City related to
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page D-4
Project No.: WW2401.201
Rev. 1/12/2024
Consultant or its Contract Workers will be complete, current, and accurate. A Contract
Worker rejected for work under this Agreement will not be proposed to perform work
under other City contracts or engagements without City's prior written approval.
5. Terms of This Section Applicable to all of Consultant’s Contracts and Subcontracts.
Consultant must include the terms of this Section for Contract Worker Background
Screening in all contracts and subcontracts for services furnished under this Agreement
including, but not limited to, supervision and oversight services.
6. Materiality of Background Screening Requirements: Indemnity. The Background
Screening requirements of this Section are material to City's entry into this Agreement
and any breach of this Section by Consultant will be deemed a material breach of this
Agreement. In addition to the indemnity provisions set forth in this Agreement, Consultant
must defend, indemnify, and hold harmless City for any and all Claims arising out of this
Background Screening Section including, but not limited to, the disqualification of a
Contract Worker by Consultant or City for failure to satisfy this Section.
7. Continuing Duty, Audit. Consultant’s obligations and requirements that Contract
Workers satisfy this Background Screening Section will continue throughout the entire
term of this Agreement. Consultant must notify City immediately of any change to a
Background Screening of a Contract Worker previously accepted by City. Consultant must
maintain all records and documents related to all Background Screenings and City
reserves the right to audit Consultant’s compliance with this Section under the terms of
this Agreement.
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
E-1
Project No.: WW2401.201
Rev. 1/12/2024
EXHIBIT “E”
SUBCONSULTANT DOCUMENTS WITH CONSULTANT
Any subconsultant assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the Consultant and their
subconsultants, and do not apply to the Agreement between the Consultant and
the City.
Project Name: WATER RECLAMATION FACILITY IMPROVEMENTS PHASE 3
Page F-1
Project No.: WW2401.201
Rev. 1/24/2024
EXHIBIT “F”
FEDERAL REQUIREMENTS
N/A